Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2007-08-21

1. MEETING:
      The Assembly met at 10am, pursuant to resolution of the Assembly, dated Friday 29 June 2007. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.

3. DISTINGUISHED VISITORS:
      The Speaker advised Members of the presence in the Speaker’s Gallery of Mrs Jennifer McCormick, Ms Elara Bozich and Mr Neil Aitken.

      On behalf of all Members the Speaker extended a warm welcome to the visitors

4. RESIGNATION OF FORMER MEMBER FOR GREATOREX:
      The Speaker reported her receipt of the resignation of the former Member for Greatorex, Dr Richard Lim and dated 9 July 2007, forwarded by His Honour the Administrator, in accordance with section 18 of the Northern Territory (Self-Government) Act 1978 (Paper 1027).

5. FILMING IN THE CHAMBER:
      The Speaker advised Members that, pursuant to Sessional Order, her permission had been granted to ABC-TV and Channel 9 to film, with sound, and NT News to take photographs during the swearing-in of the new Member for Greatorex.

6. RETURN TO WRIT – GREATOREX DIVISION:
      The Clerk produced and tabled the Return to Writ issued by Mr Ted Egan AO, Administrator of the Northern Territory of Australia, for the election of one Member of the Legislative Assembly of the Northern Territory for the Division of Greatorex to fill the vacancy caused by the resignation of Dr Richard Lim (Paper 1028).

      By endorsement on the Writ, dated 2 August 2007, it was certified that Matthew Escott Conlan had been duly elected on 28th July 2007 as a Member of the Legislative Assembly for the Division of Greatorex.

7. MEMBER SWORN:
      The Member for Greatorex, Mr Matthew Escott Conlan, was admitted to the Chamber, made and subscribed an affirmation of allegiance and of office and was conducted, by his sponsors Ms Carney and Ms Martin, to his place in the Chamber (Paper 1029).

8. VISITORS:
      The Speaker advised Members of the presence in the public galleries of -
Grade 6/7 students from Holy Family Primary School accompanied by Michelle Morris; and
Grade 5/6 students from Moulden Park Primary School accompanied by Trudy Boland.

      The Speaker on behalf of all Members extended a warm welcome to the visitors.

9. MINISTRIES AND ADMINISTRATIVE ARRANGEMENTS OF GOVERNMENT:
      The Chief Minister (Ms Martin), by leave, made a statement to the Assembly informing Members of the changed Ministers and Ministerial Portfolios of Government.
      Paper Tabled: Ms Martin laid on the Table the following Paper -
Administrative Arrangements Order, effective 7 August 2007, Gazette S18, dated 7 August 2007. (Paper 1030)

      CLARE MAJELLA MARTIN
      Chief Minister
      Minister for Police, Fire and Emergency Services
      Minister for Asian Relations and Trade
      Minister for the AustralAsia Railway
      Minister for Indigenous Policy
      Minister for Major Projects

      SYDNEY JAMES STIRLING
      Treasurer
      Minister for Justice and Attorney-General
      Minister for Statehood

      PAUL RAYMOND HENDERSON
      Minister for Employment, Education and Training
      Minister for Tourism
      Minister for Public Employment
      Minister for Multicultural Affairs

      CHRISTOPHER BRUCE BURNS
      Minister for Health
      Minister for Racing, Gaming and Licensing
      Minister for Alcohol Policy

      KONSTANTINE VATSKALIS
      Minister for Business and Economic Development
      Minister for Regional Development
      Minister for Defence Support
      Minister for Sport and Recreation
      Minister for Essential Services

      DELIA PHOEBE LAWRIE
      Minister for Planning and Lands
      Minister for Infrastructure and Transport
      Minister for Natural Resources, Environment and Heritage
      Minister for Parks and Wildlife

      MARION ROSE SCRYMGOUR
      Minister for Family and Community Services
      Minister for Child Protection
      Minister for Arts and Museums
      Minister for Women's Policy
      Minister for Senior Territorians
      Minister for Young Territorians

      ELLIOT ARTHUR McADAM
      Minister for Local Government
      Minister for Housing
      Minister for Central Australia
      Minister for Corporate and Information Services
      Minister for Communications
      Minister assisting the Chief Minister on Indigenous Policy

      CHRISTOPHER WILLIAM NATT
      Minister for Primary Industry and Fisheries
      Minister for Mines and Energy

      Ms Martin made a statement thereto.

10. OPPOSITION SHADOW MINISTERIAL PORTFOLIO RESPONSIBILITIES:
      The Leader of the Opposition (Ms Carney), by leave, advised the Assembly of the following Shadow Portfolio Responsibilities of the Opposition, as follows:


      JODEEN CARNEY, Leader of the Opposition
      Attorney-General and Justice
      Women’s Policy
      AustralAsia Railway
      Police, Fire and Emergency Services
      Defence Support
      Major Projects
      Business and Economic Development
      Essential Services
      Corporate and Information Services
      Family and Community Services
      Child Protection

      TERRY MILLS
      Treasury
      Employment, Education and Training
      Racing, Gaming and Licensing
      Alcohol policy
      Asian Relations and Trade
      Young Territorians
      Primary Industries and Fisheries
      Indigenous Affairs
      Multicultural Affairs
      Statehood
      Lands and Planning
      Communications

      FAY MILLER
      Opposition Whip
      Natural Resources and Heritage
      Regional Development
      Transport and Infrastructure
      Senior Territorians
      Mines and Energy
      Arts and Museums
      Housing
      Parks and Wildlife
      Public Employment

      MATT CONLAN
      Health
      Cental Australia
      Local Government
      Sport and Recreation
      Tourism
      (Paper 1031)

11. COMMITTEE MEMBERSHIP - PUBLIC ACCOUNTS, STANDING ORDERS, ENVIRONMENT AND SUSTAINABLE DEVELOPMENT COMMITTEES - MOTION AGREED TO:
      The Leader of the Opposition (Ms Carney), by leave, moved - That the Member for Greatorex, (Mr Conlan), be appointed to serve on the following parliamentary committees -
Public Accounts Committee;
Standing Orders Committee; and
Environment and Sustainable Development Committee. (Paper 1032)

      Question - put and passed.

12. MESSAGE FROM ADMINISTRATOR - No. 22:
      The Speaker advised Honourable Members of receipt of the following Message from His Honour the Administrator:
      Message No. 22
      Assent to Proposed Laws

      I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:

      30 June 2007
          Appropriation Act 2007 (No. 11 of 2007)
      Revenue (Budget Initiatives) Amendment Act (No 12 of 2007)

        Dated 6th day of July 2007.


        E J Egan AO
        Administrator (Paper 1033)

    13. LEAVE OF ABSENCE - MEMBER FOR ARNHEM - MOTION AGREED TO:
        The Leader of Government Business (Mr Henderson) moved - That leave of absence be granted to the Member for Arnhem (Ms McCarthy) for this sittings period due to a bereavement in the family. .
        Question - put and passed.

    14. PETITION:
        Responses to petitions:
        The Clerk, pursuant to Standing Order 100A, laid on the Table the following response to petition No. 56 relating to closure of Farrar Medical Centre (Paper 1034).

        The Clerk advised the Assembly the text of the response would be incorporated in the Hansard record.

    15. MINISTERIAL REPORTS:
        Skilled Migration Recruitment: The Chief Minister (Ms Martin) reported on the Territory's Skilled Worker Recruitment Campaign.
        Mr Mills responded.
        Mr Wood responded.
        Ms Martin replied.

        Seniors Month, August 2007: The Minister for Senior Territorians (Ms Scrymgour) reported on Seniors Month activities.
        Mrs Miller responded.
        Mrs Braham responded.
        Ms Scrymgour replied.

        Access to Learning Award - Northern Territory Library: The Minister for Local Government (Mr McAdam) reported on the Bill and Melinda Gates Foundation Access to Learning Award attained by the Northern Territory Library Service for its development of Library Knowledge Centres to promote indigenous knowledge and materials.
        Ms Carney responded.
        Mr McAdam replied.

        Mt Todd Rehabilitation: The Minister for Mines and Energy (Mr Natt) reported on the Department of Mines' management of water and environmental impacts of the mine site together with the establishment of a stakeholder group to monitor environmental outcomes.

        Ministerial Reports noted, pursuant to Standing Orders.

    16. EVIDENCE OF CHILDREN AMENDMENT BILL 2007 (Serial 91):
        The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
        Debate resumed.
        Question - put and passed.
        Bill read a second time.
        The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
        ______________

        In Committee

        (Chairman and Deputy Speaker - Mr Knight)

        Clauses 1 to 6, by leave, taken together and agreed to.
        Clause 7 read.
        On the motion of the Minister for Justice and Attorney-General (Mr Stirling) the following amendment was agreed to, after debate -
        Insert after subclause (2) -

            (3) Section 105B(11)
                omit, substitute

                (11) Subsections (3), (6), (7) and (9) do not apply if:

                (a) the preliminary examination involves a charge of a sexual offence or a serious violence offence and the statement was made by a child; or

                (b) the preliminary examination involves a charge of a sexual offence and the statement was made by the alleged victim of the offence.

        Clause 7, as amended, agreed to.
        Clause 8 agreed to.
        Clause 9 read.
        On the motion of (Mr Stirling) the following amendment was agreed to, after debate -
        Insert in subclause (1) -

            insert (in alphabetical order)

            "audiovisual record" includes a recorded statement;

          Clause 9, as amended, agreed to.
          Clause 10 read.
          On the motion of (Mr Stirling) the following amendment was agreed to, after debate -
          In proposed section 21C(3) -
          Omit -
              at a special sitting of the Court
          Clause 10, as amended, agreed to after debate.
          Clauses 11 agreed to.
          Clause 12 read.
          Debate ensued.
          Clause 12 agreed to.
          Committee stage consideration suspended.
          ______________

          Suspension of sittings: The sittings of the Assembly was suspended between 12.17pm and 2.18pm.
          ______________
      17. NOTICES:
          The following notices were given:
          Dr Burns: To present the Liquor Legislation Amendment Bill 2007 (Serial 113).

          Dr Burns: To move, on Thursday 30 August 2007, That so much of Standing Orders be suspended as would prevent the Liquor Legislation Amendment Bill 2007 (Serial 113), passing through all stages at this sittings.

          Ms Scrymgour: To present the Care and Protection of Children Bill 2007 (Serial 112).

          Mr McAdam: To present the Local Government Amendment Bill 2007 (Serial 101).

          Mr McAdam: To move, on Thursday 30 August 2007, That so much of Standing Orders be suspended as would prevent the Local Government Amendment Bill 2007 (Serial 101), passing through all stages at this sittings.
      18. QUESTIONS:
          2.20pm Ms Carney to Ms Martin.
          2.24pm Mr Hampton to Ms Martin.
          2.26pm Ms Carney to Ms Martin.
          2.32pm Mr Bonson to Ms Martin.
          2.34pm Ms Carney to Ms Martin.
          2.37pm Mr Knight to Mr Henderson.
          2.42pm Mrs Braham to Mr Stirling.
          2.44pm Ms Carney to Ms Martin.
          2.47pm Mr Warren to Dr Burns.
          2.55pm Ms Carney to Ms Martin.
          2.56pm Mr Knight to Ms Scrymgour.
          3.01pm Mr Wood to Ms Lawrie.
          3.06pm Mr Burke to Mr Stirling.
          3.10pm Ms Carney to Ms Martin.
          3.11pm Mr Hampton to Ms Lawrie.
          3.14pm Ms Carney to Ms Martin.

          The Leader of Government Business (Mr Henderson) asked that further questions be placed on the Written Question Paper.
      19. EVIDENCE OF CHILDREN AMENDMENT BILL 2007 (Serial 91):
          The Assembly resolved itself into Committee of the Whole, suspended earlier this day, for reconsideration of the Bill, at Clause 13 -
          ______________

          In Committee

          (Chairman and Deputy Speaker - Mr Knight)


          Clauses 13 and 14, by leave, taken together and agreed to.
          Clause 15 read.
          On the motion of (Mr Stirling) the following amendment was agreed to, after debate -

              Definition "sexual offence"
                  omit

                  "of which an element is"

                  substitute

                  "involving"

          On the motion of (Mr Stirling) the following further amendment was agreed to, after debate -
              Definition of "sexual offence" paragraph (e)

              omit, substitute

                  (e) any other indecent act directed against a person or committed in the presence of a child; or
          Clause 15, as amended, agreed to.
          Remainder of the Bill, by leave, taken together and agreed to.
          Bill to be reported with amendments.
          _____________

          The Assembly resumed; the Speaker took the Chair; the Chairman and Deputy Speaker (Mr Knight) reported that the Assembly had agreed to the Bill with amendments.
          The report was adopted.
          The Minister for Justice and Attorney-General (Mr Stirling) moved - That the Bill be now read a third time -
          Debate ensued.
          Question - put and passed.
          The Bill was read a third time and passed to be a proposed law.

      20. TRANSPORT LEGISLATION (DEMERIT POINTS) AMENDMENT BILL 2007 (Serial 106):
          The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
          Debate resumed.
          On the motion of the Chief Minister (Ms Martin) debate was adjourned.
      21. MINISTERIAL STATEMENT - NORTHERN TERRITORY INDIGENOUS PLAN OF ACTION - MOTION TO TAKE NOTE OF THE STATEMENT:
          The Chief Minister (Ms Martin) made a statement relating to the disadvantage gaps that exist between Indigenous and non Indigenous Territorians and the Plan of Action to Close the Gap.
          Ms Martin moved - That the Assembly take note of the Statement.
          Debate ensued.
          Paper tabled: Ms Martin laid on the Table the following Paper -
      Closing the Gap of Indigenous Disadvantage - A Plan of Action (Paper 1056).

          Debate continued.
          Extension of time: On the motion of the Minister for Employment, Education and Training (Mr Henderson) the Minister for Health (Dr Burns) was granted an extension of time, pursuant to Standing Order 77.
          Debate continued.
          On the motion of the Leader of Government Business (Mr Henderson) debate was adjourned.
      22. ADJOURNMENT:
          The Leader of Government Business (Mr Henderson) moved - That the Assembly do now adjourn.
          Debate ensued.
          Question - put and passed.
          And the Assembly adjourned at 8.16pm until tomorrow at 10am.
          _________________

          PAPERS:
          The following Papers were deemed to have been presented on Tuesday 21 August 2007 -

          Annual Reports:
          Charles Darwin University, 2006 (Paper 1035)
          Batchelor Institute of Indigenous Tertiary Education, 2006 (Paper 1036)
          Northern Territory Architects Board, 2006/2007 (Paper 1037)

          Coroners Act:
          In the matter of Coroner’s Findings and Recommendation into the Death of Jason Donald, pursuant to Section 46B, dated 16 March 2007 (Paper 1041)

          Financial Management Act:
          Transfer of Excess Allocations, pursuant to section 20, dated 29 June 2007 (Paper 1042)

          Financial Statements:
          Auditor-General’s Report to the Minister for Health on the Financial Statements of Menzies School of Health Research – year ended 31 December 2006 (Paper 1038)
          Auditor-General’s Report on the Financial Statements of the Batchelor Institute of Indigenous Tertiary Education - year ended 31 December 2006 (Paper 1039)
          Auditor-General’s Report to the Minister for Employment, Education and Training on the Financial Statements of the Charles Darwin University – year ended 31 December 2006 (Paper 1040)

          Regulations 2007:
          No. 16, Supreme Court Amendment (Proceedings Relating to Lawyers) Rules (Paper 1043)
          No. 17, Supreme Court Amendment (Admission Fees) Regulations (Paper 1044)
          No. 18, Fines and Penalties (Recovery) Amendment (Radiation Protection) Regulations (Paper 1045)
          No. 19, Work Health Amendment Regulations (Paper 1046)
          No. 20, Radiation Protection Regulations (Paper 1047)
          No. 21, Heritage Conservation Amendment (Minor Work) Regulations (Paper 1048)
          No. 22, Fisheries Amendment (Prescribed Fish) Regulations (Paper 1049)
          No. 23, Territory Parks and Wildlife Conservation Amendment By-laws (Paper 1050)
          No. 24, Territory Parks and Wildlife Conservation Amendment By-laws (No. 2) (Paper 1051)
          No. 25, Business Names Regulations (Paper 1052)
          No. 26, Fines and Penalties (Recovery) Amendment (Business Names) Regulations (Paper 1053)
          No. 27, Juries Amendment Regulations (Paper 1054)
          No. 28, Public Health (Cervical Cytology Register) Amendment Regulations (Paper 1055)
      _________________
          ATTENDANCE:
          All Members attended the sitting, except Ms McCarthy on leave.
      Last updated: 04 Aug 2016